HomeMy WebLinkAboutOrdinance 25674-08-2022 ORDINANCE NO.25674-08-2022
AN ORDINANCE AMENDING CHAPTER 34 "VEHICLES FOR HIRE," ARTICLE V
"TOW TRUCKS," SECTIONS 34-177 AND 34-183 OF THE CODE OF THE CITY OF
FORT WORTH,TEXAS (2015), AS AMENDED TO INCREASE THE AREA IN WHICH
VEHICLE STORAGE FACILITIES MAY BE LOCATED FROM WITHIN THE
CORPORATE CITY LIMITS TO NO MORE THAN ONE MILE FROM THE
CORPORATE CITY LIMITS FOR NON-CONSENT TOWS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Fort Worth ("City Council") seeks to protect
the public's safety and welfare and promote efficiency in services requested by the City; and
WHEREAS, the City has required that for all non-consent tows, all vehicle storage
facilities (VSF) must be located within the corporate city limits of the City of Fort Worth; and
WHEREAS,this geographic limitation has served as a barrier to existing VSFs and other
companies from moving to locations that could provide more storage area to serve Fort Worth's
rapidly growing population; and
WHEREAS, increasing the area in which VSFs may be located will increase storage areas
and improve efficiency of the tow companies by reducing travel times; and
WHEREAS,pursuant to Texas Local Government Code Chapter 51,the City Council has
the general authority to adopt and publish an ordinance or police regulation that is for the good of
the government, peace or order of the municipality, and is necessary or proper for the carrying out
of a power granted by law to the municipality; and
WHEREAS, pursuant to Texas Occupations Code Chapter 2308,the City Council has the
authority to adopt and publish an ordinance that addresses non-consent tows and related services;
and
WHEREAS, it is advisable to amend Chapter 34 Article V, Sections 32-177 and 34-183
of the Code of the City of Fort Worth to allow VSFs that receive non-consent tows to be located
no more than 1 mile outside the corporate limits of the City, in order to account for population
growth and promote efficiencies for the City and its residents.
WHEREAS,the City Council finds this Ordinance to be reasonable and necessary;
ARTICLE V:TOW TRUCKS Page 1 of 4
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 34 "Vehicles for Hire," Article V "Tow Trucks," Sections 34- The Code of the
City of Fort Worth, Texas(2015), is amended to revise the definition of"Vehicle Storage Facility"
read as follows:
Sec. 34-177 DEFINITIONS.
VEHICLE STORAGE FACILITY. A garage, parking lot, or other facility that is owned by a
person other than a governmental entity, located within no more than 1 mile outside the corporate
limits of the City of Fort Worth, and used to store at least ten Vehicles each year and is operated
by a person who holds a license issued pursuant to Chapter 2303 of the Texas Occupations Code.
SECTION 2.
Chapter 34 "Vehicles for Hire," Article V "Tow Trucks," Sections 34-138, "Maximum
Distance of Nonconsent Tows" of the Code of the City of Fort Worth, Texas (2015), is amended
to revise the maximum distance of non-consent allowed tows to read as follows:
§34-183 MAXIMUM DISTANCE OF NONCONSENT TOWS.
Nonconsent towed Vehicles must be taken to a Vehicle Storage Facility that is:
(a) Within 1 mile of the corporate limits of the City of Fort Worth, and
(b) No more than 20 miles from the location from which the Vehicle was removed.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
ARTICLE V:TOW TRUCKS Page 2 of 4
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,sentences,
paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5
All rights and remedies of the City of Fort Worth,Texas,are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City,that have accrued at the time of the effective date of this ordinance;and,as to such accrued
violations and all pending litigation,both civil and criminal,whether pending in court or not,under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 6.
All violations of Chapter 34 Article V, of the Fort Worth City Code, except violations of
shall be punishable by a fine not to exceed five hundred dollars($500.00)for each violation. Each
day a violation occurs or continues to occur is a separate violation.
ARTICLE V:TOW TRUCKS Page 3 of 4
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law, and it is
so ordained.
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
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Nico Arias(Aug 26,202215:09 CDT) Jannette S.Goodall(Aug 26,2022 15:17 CDT)
Nico Arias Janette S.Goodall
Assistant City Attorney I City Secretary
ADOPTED: August 23, 2022 -- ^-
ao as of F oRr
EFFECTIVE:
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ARTICLE V:TOW TRUCKS Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/23/22 M&C FILE NUMBER: M&C 22-0641
LOG NAME: 35TOW TRUCKS ORDINANCE
SUBJECT
(ALL)Adopt an Ordinance Amending Chapter 34,Article V,"Tow Trucks,"Sections 34-177 and 34-183 of the Code of the City of Fort Worth to
Increase the Area in Which Vehicle Storage Facilities May be Located to One Mile Outside of the City's Corporate Limits for Non-Consent Tows
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 34,Article V, Sections 34-177 and 34-183 of the Code of
the City of Fort Worth to increase the area in which a vehicle storage facilities may be located to one mile outside the corporate city limits for non-
consent tows.
DISCUSSION:
The Fort Worth Police Department(FWPD) is seeking approval of this Mayor and Council (M&C)to increase the area in which vehicle storage
facilities may be located that receive non-consent tows. FWPD proposes to amend Chapter 34, Article V, "Tow Trucks"of the City Code to
increase the area in which Vehicle Storage Facilities(VSF) must be located from inside the corporate city limits to one mile outside the corporate
city limits for non-consent tows. Currently,VSFs are required to be located within the corporate city limits. It has come to the FWPD's attention that
limiting the location to the City's corporate limits is a barrier to many of the existing VSFs that have served the City and local businesses in the
past.Additionally,due to the availability of land,limiting the location to the City's corporate limits also serves as a barrier to companies moving to
locations that could provide more storage area; moving to locations that are closer to portions of the City that will improve the customer
experience;and the efficiency of many of the towing companies in the City.
FWPD staff reached out individually to each stakeholder to discuss increasing the area to one mile outside of the City's corporate limits in which
VSFs must be located.Staff also held a quarterly meeting with stakeholders on July 20,2022 to discuss the proposed ordinance amendment and
a majority of the stakeholders were in favor.
All other portions of the ordinance will remain unchanged and in full force and effect.
This M&C does not request approval of a contract with a business entitiy.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Neil Noakes 4212
Additional Information Contact: Joseph Sparrow 4231
Expedited